A car accident leaves you shaken and stressed. You may face immediate medical needs and a damaged vehicle. Right away, you must deal with insurance, but the compensation system in Florida is complex.
You need to know how the state’s unique insurance laws affect your claim. Understanding these rules is the first step toward getting the money you deserve.
Florida’s no-fault system
Florida requires drivers to carry personal injury protection (PIP) insurance. The state’s “no-fault” rule means your own PIP coverage pays for your injuries first, no matter who caused the crash. This insurance provides initial assistance but has limitations.
PIP covers:
- 80% of medical expenses
- 60% of lost income
- Total payout is capped at $10,000
When you have significant injuries, the $10,000 can quickly run out. To get more compensation, your injury must meet the “serious injury threshold,” which allows you to file a claim against the driver who caused the accident.
To meet this threshold, the injury must result in one of the following: death; significant and permanent scarring or disfigurement; a permanent injury within a reasonable degree of medical probability; or a significant and permanent loss of an important bodily function.
Additionally, if a doctor determines that the injury does not constitute an “emergency medical condition,” Florida limits benefits to a maximum of $2,500.
Beyond PIP: Calculating fault and compensation
If your injury meets the threshold, the system shifts to a fault-based approach. You can seek compensation from the at-fault driver for two main kinds of damages:
- Economic: Payments for clear, measurable costs like medical bills, lost wages and property damage
- Noneconomic: Payments for losses that have no exact dollar value, such as pain and suffering, emotional distress and loss of life enjoyment
Florida uses a modified comparative negligence system. If a jury finds a claimant’s fault to be greater than 50% (i.e., 51% or more), they cannot recover any damages. If the claimant is 50% or less at fault, their total compensation is reduced by that percentage.
The perils of dealing with adjusters
Insurance adjusters work for the insurance company. Their primary goal is simple: reduce the money the company must pay you. They do not work for you, and they may try to pressure you to accept a quick, low settlement offer.
Never take a settlement before you understand the full cost of your injuries. Many people accept a small offer only to find their medical problems are worse than they first thought. When you deal with adjusters on your own, you are at a serious disadvantage.
An experienced car accident attorney can counter insurer tactics to deny your claim or reduce compensation. Skilled lawyers know how to accurately value your case, protect your rights and handle the complex negotiation process.